This continues to be one of the noteworthy new contents of the Labor Code 2019 passed by the National Assembly on November 20, 2019.
Article table of contents
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LABOR CODE 2019 (OFFICIAL)
To be specific, according to the contents in this Code, in addition to the cases where labor contracts are terminated previously stipulated in the Labor Code 2012, labor contracts will also be terminated in the following 04 cases:
- The employee is a foreign worker in Vietnam who is expelled according to the judgment or decision of the Court or competent state authority;
- The employer, if not an individual, is notified by the state management authority for business registration that there is no legal representative or authorized person to exercise the rights and perform the obligations of the legal representative;
- The work permit expires for the employee who is a foreign worker working in Vietnam;
- The case where the probation agreement in the labor contract is not met or either party cancels the probation agreement.
Thus, under the provisions of the Labor Code 2019, from January 01, 2019, there will be a total of 13 cases of labor contract termination, specifically including:
Expiration of the labor contract.
Completion of the work under the labor contract.
Mutual agreement between both parties to terminate the labor contract.
The employee is sentenced to prison but is not granted suspended sentence or does not fall under the cases of release prescribed in Clause 5, Article 328 of the Criminal Procedure Code, sentenced to death, or prohibited from performing the work stated in the labor contract by an effective judgment, decision of the Court.
The employee is a foreign worker in Vietnam who is expelled according to the judgment or decision of the Court or competent state authority.
The employee dies or is declared by the Court to have lost civil act capacity, missing, or dead.
The employer, if an individual, dies; is declared by the Court to have lost civil act capacity, missing, or dead. The employer, if not an individual, ceases operations or is notified by the state management authority for business registration that there is no legal representative or authorized person to exercise the rights and perform the obligations of the legal representative.
The employee is disciplined and dismissed.
The employee unilaterally terminates the labor contract according to regulations.
The employer unilaterally terminates the labor contract according to regulations.
The employer lays off the employee according to regulations.
The work permit expires for the employee who is a foreign worker working in Vietnam.
The case where the probation agreement in the labor contract is not met or either party cancels the probation agreement.
Nguyen Trinh
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